Blaming the players in the hostile immigration policy game

Thanh, (not his real name) is a Vietnamese migrant who came over to the U.K. on a small boat seeking asylum claiming he was trafficked. However, during a recent interview with the BBC he admitted that was a lie. He had made up his trafficking story to bolster his asylum claim, adding weight to anti-immigration allegations that many migrants are exploiting the system with false claims of human trafficking.  But is the main issue the migrants seeking asylum, some of whom, like Thanh, may be making up claims of being trafficked? Or is the real problem with the immigration policies themselves? Or are the hostile immigration policies just set up to blame the “players” instead of the “game”. 

Trafficked or smuggled, it’s not that simple

Thanh admits to having been a people smuggler. He entered the U.K. illegally just like the more than 1,000 people he claims to have helped risk their lives to cross the Channel. And 2024 has been the deadliest on record with more than 50 people killed crossing the Channel in small boats so far.  

Thanh’s journey mirrored an established route from Vietnam to the U.K. that people smugglers like Thanh heavily promote on Facebook. The smugglers charge clients for forged documents, flights, buses, and finally give them a place on one of the rubber dinghies now so notorious for migrant deaths across Europe. But the line between someone who was smuggled and someone who has been trafficked can be blurry.  

Jamie Fookes, U.K. and Europe advocacy manager at Anti-Slavery International said: 

“It is often not possible, or helpful, to differentiate when a person has been trafficked or smuggled, especially as exploitation can happen at any time. Those crossing will often have to pay either through extortion, or from being exploited in some form of forced labor or criminality on the other side.”  

Towards that point, a French prosecutor said many Vietnamese migrants arrived in debt to their smugglers. That means they often end up in a form of modern slavery called debt-bondage, under the control of local gangs who want to collect that debt by any means necessary.  

Another of Thanh’s claims is that most Vietnamese immigrants lie about being trafficked to help their asylum claim. But based on evidence, experts say while some may lie, many more migrants ARE victims of trafficking. In fact, in 2022 the Home Office found that almost 90% of individuals referred to the NRM who received a decision were found to be a victim of modern slavery and trafficking. And individuals cannot self-refer to, only trained professionals working for organizations permitted by the Home Office can make those referrals. 

An article by UN body the International Organization on Migration stated: 

“Publicly available data does not appear to show abuse of the UK modern slavery protection system and there are existing measures to prevent abuse.” 

Fookes claims safe migration routes are the only way to prevent traffickers taking advantage of migrant’s desperation. No matter which country they come from.  

Asylum seekers left with no options 

The migrants arriving on foreign shores are often fleeing wars, occupations or persecution. Leaving under dangerous circumstances, many have no time to obtain a visa and no choice but to leave without official documents. Current policies mean a lack of legal documents often prevents them entering legally. That means only illegal routes are open to them. 

A recent article in Open Democracy stated: 

“The placement of blame (on migrants) entirely obscures the structural responsibility of states who close alternative routes to safety while continuing to invest in border security infrastructure.” 

The 1951 Refugee Convention protects refugees from “penalties on account of their illegal entry or presence”. And both the U.K. and all E.U. countries are party to this convention. But in recent years that protected status has been steadily undermined by anti-immigration and counter-smuggling policies. Now, what used to be considered ‘irregular’ migration is increasingly being categorized as ‘illegal’. And that turns irregular migrants into criminals.  

A few years ago, the U.K. government expanded the criminal offences that can be applied against irregular migrants. Using the 2022 Nationality and Borders Act a new offence of ‘illegal arrival’ was added. And it came with an increased maximum sentence of up to four years imprisonment. 

A recent article in Open Democracy stated: 

“This legislation effectively made all irregular arrival, even for the purposes of claiming asylum, a criminal offence in the UK.” 

People willing to risk their lives by leaving home and crossing borders are seeking sanctuary and a better life. Some were victims of trafficking and torture before leaving home. And having to travel using illegal routes only dials up the likelihood of falling into exploitation and modern slavery on the journey or on arrival.

Stop blaming the players and fix the game

Experts have been calling for safe routes for people seeking sanctuary since the current crisis began. But instead, governments seem intent on harmful criminalization policies that only increase the risks people are forced to take at borders. Stand with us and call on governments to stop criminalizing the players and fix the game. To prevent and protect against human trafficking we need safe migration for all.